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Home My WebLink About01 CC MINUTES 3.18.14 Agenda Item 1 Reviewed: City Manager Lrsl�p Finance Director NIA MINUTES OF THE JOINT REGULAR MEETING OF THE CITY COUNCIL AND THE SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY MARCH 18, 2014 COUNCIL CHAMBER 300 CENTENNIAL WAY, TUSTIN CLOSED SESSION MEETING 5:30 P.M. CALL TO ORDER— Meeting #2341 at 5:37 p.m. ATTENDANCE Present: Mayor Al Murray, Mayor Pro Tem Charles E. "Chuck" Puckett and Councilmembers Rebecca "Beckie" Gomez and Dr. Allan Bernstein Absent: Councilmember Nielsen City Clerk: Jeffrey C. Parker, City Clerk Others Present: David E. Kendig, City Attorney PUBLIC INPUT— None CLOSED SESSION ITEMS - The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: 1. CONFERENCE WITH LEGAL COUNSEL — INITIATION OF LITIGATION [Government Code § 54956.9(d2)] -- Nine Cases 2. CONFERENCE WITH LEGAL COUNSEL — EXPOSURE TO LITIGATION [Government Code § 54956.9(d2)] —Two Cases 3. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION [Govt. Code § 54956.9(a)] -- One Case 1. Successor Agency to the Tustin Redevelopment Agency, et al. v. Matasantos Case No. 34.2013-80001623 City Council and Successor Agency March 18, 2014 Minutes Page 1 of 9 4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS [Government Code § 54956.81 —Two Cases 1. Property APN: 430-391-12, 430-391-09, and 430-391-03 Address/Description Agency City of Tustin City Negotiators Jeffrey C. Parker, City Manager Negotiating Parties Tustin Unified School District, represented by Gregory Franklin, Superintendent Under Negotiation Price and Terms of Payment 2. Property APN 430-391-20, 430-391,03, 430-391-63, 430- Address/Description 271-36 Agency City of Tustin City Negotiators Jeffrey C. Parker, City Manager and John Buchanan, Deputy Director of Economic Development Negotiating Parties Pacific Coast Investors Under Negotiation Price and terms of payment RECESSED at 5:38 p.m. RECONVENED at 7:10 p.m. JOINT REGULAR MEETING OF THE CITY COUNCIL AND SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY 7:00 P.M. CALL TO ORDER— Meeting #2341 at 7:10 p.m. INVOCATION — Pastor Dane Counts PLEDGE OF ALLEGIANCE — Emma Hobson Miss Tustin 2014 2"d Runner Up NATIONAL ANTHEM — Emma Foss Miss Tustin 2014 City Council and Successor Agency March 18, 2014 Minutes Page 2 of 9 ROLL CALL-- City Clerk Present: Mayor Al Murray, Mayor Pro Tem Charles E. "Chuck" Puckett and Councilmembers John Nielsen, Rebecca "Beckie" Gomez and Dr. Allan Bernstein Absent: None City Clerk: Jeffrey C. Parker, City Clerk Others Present: David E. Kendig, City Attorney CLOSED SESSION REPORT — City Attorney David E. Kendig: The Council unanimously voted to initiate six litigation cases. The actions, defendants and other particulars of the case will be disclosed upon request once the cases are formally commenced. In addition, the Council will continue discussion on Item No. 4 of the closed session after the open session is completed. Other than that, there's no reportable action. PRESENTATIONS - o Mayor Murray presented Certificates of Recognition to: ■ Miss Tustin 2014 Emma Foss ■ 1 st Runner Up Paula Verkuylen • 2"d Runner Up Emma Hobson c Mayor Murray presented a proclamation to Miss Tustin 2013 Shea Marie Frates o Heroes and Healthy Families, PowerPoint presentation by Kathy McCarroll ORAL COMMUNICATION/PUBLIC INPUT— 1. Leticia Villa 2. Jim LaPointe CONSENT CALENDAR ITEMS 1-4 It was moved by Mayor Pro Tem Puckett and seconded by Councilmember Nielsen to approve the balance of the consent calendar items on the agenda as recommended by staff. Motion carried: 5-0 1. APPROVAL OF MINUTES — SPECIAL MEETING OF THE CITY COUNCIL City Council and Successor Agency March 18, 2014 Minutes Page 3 of 9 HELD MARCH 4, 2014 AND JOINT REGULAR MEETING OF THE CITY COUNCIL AND THE SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY HELD MARCH 4, 2014 Recommendation: That the City Council approve the Action Minutes of the Special Meeting of the City Council on March 4, 2014 and the City Council and Successor Agency approve the Action Minutes of the Joint Regular Meeting of the City Council and the Successor Agency to the Tustin Community Redevelopment Agency held on March 4, 2014. 2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL The City Council has approved the use of Government Code Section 37208 to expedite the payment of City of Tustin and Successor Agency to the Tustin Community Redevelopment Agency obligations that are in accordance with the approved budget or continued operations authorizations. Recommendation: Approve Payroll in the amounts of $10,200.00 and $618,733.73; and Demands in the amount of$5,629,940.18. 3. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE ANNUAL ROADWAY REHABILITATION AND CITYWIDE SIDEWALK REPAIR PROJECT CIP NO. 70001 The plans and specifications for the Annual Roadway Rehabilitation and Citywide Sidewalk Repair Project CIP No. 70001 have been prepared and the project is now ready to, be bid. Recommendation: That the City Council adopt Resolution No. 14-22 approving the plans and specifications for the Annual Roadway Rehabilitation and Citywide Sidewalk Repair Project CIP No. 70001, and authorize the City Clerk to advertise to receive bids. RESOLUTION NO. 14-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING PLANS AND SPECIFICATIONS FOR THE ANNUAL ROADWAY REHABILITATION AND CITYWIDE SIDEWALK REPAIR PROJECT CIP NO. 70001 AND AUTHORIZING ADVERTISEMENT FOR BIDS 4. ADOPT RESOLUTION NO. 14-23 APPOINTING CERTAIN PARTIES TO ASSIST THE CITY OF TUSTIN WITH THE PROPOSED FORMATION OF COMMUNITY FACILITIES DISTRICT NO. 2014-1 (TUSTIN LEGACY/STANDARD PACIFIC) AND PROPOSED FUTURE BOND SALE The City is considering the formation of Community Facilities District No. 2014- City Council and Successor Agency March 18, 2014 Minutes Page 4 of 9 1. Resolution No. 14-23 authorizes City Staff to proceed with appointing the consultants to assist with the formation of Community Facilities District No. 2014-1 (Tustin Legacy/Standard Pacific) and proposed future bond sale. Recommendation: That the City Council adopt Resolution No. 14-23 authorizing the appointment of consultants in connection with the Community Facilities District No. 2014-1 (Tustin Legacy/Standard Pacific). RESOLUTION NO. 14-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPOINTING CERTAIN PARTIES TO ASSIST THE CITY OF TUSTIN WITH THE PROPOSED FORMATION OF THE CITY OF TUSTIN COMMUNITY FACILITIES DISTRICT NO. 2014-1 (TUSTIN LEGACY/STANDARD PACIFIC) AND PROPOSED FUTURE BOND SALE THEREBY REGULAR BUSINESS ITEMS 5-6 5. PROJECT FUNDING FOR THE MOTOR VEHICLE REGISTRATION SUBVENTION FUNDS (ASSEMBLY BILL 2766) PROGRAM PowerPoint presentation by Elizabeth Binsack Public Input: Robert Lindquist Each year the City Council authorizes the use of the City's annual disbursement of Assembly Bill (AB) 2766 funds to offset costs for state mandated vehicle emission reduction programs implemented by the City of Tustin. This year the City Council is being requested to allocate the Fiscal Year (FY) 201312014 AB 2766 disbursement and carryover funds to partly fund the installation and construction of pedestrian and traffic calming enhancements and improvements in Old Town Tustin, which will be identified in the Tustin Downtown Commercial Core Plan (the "Plan"). The City Council authorized the release of the Plan's Request for Proposals on February 4, 2014. It was moved by Councilmember Bernstein and seconded by Councilmember Nielsen to authorize a total of $100,000, including $82,000 in AB 2766 FY 2013/2014 tum-back funds, $100 in interest income received through investment of the turn-back funds, and $17,900 in carryover funds from FY 201212013, to be used/earmarked to partly fund the installation and construction of future pedestrian and traffic calming enhancements and improvements in Downtown Tustin, which will be identified in the Plan. Motion carried: 5-0 City Council and Successor Agency March 18, 2014 Minutes Page 5 of 9 6. LEASE AGREEMENT BETWEEN THE BOYS AND GIRLS CLUB AND THE CITY OF TUSTIN Mayor Pro Tem Puckett recused himself due to the potential conflict of interest in being the former President and current Board Member on the Boys and Girls Club Endowment Board In December 22, 1967, the City of Tustin and the Boys and Girls Club entered into a lease agreement (agreement) for 50 years to allow for the Boys and Girls Club to operate at 580 W. 6th Street, Tustin, CA 92780 for the cost of$1.00 per year and other conditions as outlined in the agreement. Subsequently, the lease was amended three separate times (1980, 1981, and 1982) and is due to expire December 22, 2017. The City of Tustin and Boys and Girls Club have concluded negotiations regarding a new agreement that covers certain legal concerns related to eminent domain and alike. Attached to the agenda report is the proposed agreement effective March 18, 2014 for a term of 40 years or unless earlier terminated in accordance with the provisions with the proposed lease. It was moved by Councilmember Bernstein and seconded by Councilmember Nielsen to continue this item for a future meeting. Motion carried: 4-0-1 Mayor Pro Tem Puckett returned to the dais OTHER BUSINESSICOMMITTEE REPORTS CITY MANAGER JEFFREY PARKER o Provided an update regarding the Office of Emergency Management and Ambulance RFP (Request for Proposal) process CITY ATTORNEY DAVID KENDIG o Reported that the Ambulance RFP process is moving quickly COUNCILMEMBER BERNSTEIN o Attended the 3`d Annual Impact Awards on March 8, congratulated Mr. Leo Middleton and Mayor Murray for receiving awards o Attended the Tustin Chamber of Commerce breakfast on March 12; congratulated Officer Natalie Nguyen a Attended the Arbor Day celebration on March 12 o Attended the Leprechaun Leap on March 16; congratulated Dan Trznadel and City Council and Successor Agency March 18, 2014 Minutes Page 6 of 9 Elise Perkins o Provided an update on current water proposals, relief aid, storage and conservation COUNCILMEMBER GOMEZ o Attended the Visionary Leader's Summit at Anaheim Stadium on March 7; coordinated by Supervisor Todd Spitzer o Attended the Tustin Police Department awards on March 7; thanked the Police Department o Attended a Future Innovations workshop on March 11, discussed technology to improve health in Orange County o Attended the Association of California Cities of Orange County meeting on March 13; a panel from local cities discussed planning options to improve downtown areas o Attended the Senior Advisory Council on March 14; the City of Huntington Beach provided a presentation on their senior transportation program. Reminded all that "Lioness", a documentary of the first female combat veterans, will be playing at the Santa Ana Library on March 29 at 2:00 p.m. o Announced the annual Senior Summit will be held on March 21; sponsored by Supervisor Pat Bates COUNCILMEMBER BERNSTEIN o Shared that he participated in Principal of the Day at Columbus Tustin Middle School; appreciated the invitation and is looking forward to participating next year COUNCILMEMBER NIELSEN o Attended the Eagle Court of Honor for Austin McBride, Remy Zimmerman and Bailey Bezich in Troop 243 on March 9 o Toured pump station facilities along the coast with the Orange County Sanitation District o Reported that the Orange County Sanitation District recycles between 70 and 80 million gallons of water a day through the groundwater replenishment system and is planning to double that amount in the upcoming years MAYOR PRO TEM PUCKETT o Attended the State of the County luncheon on March 5; Supervisor Shawn Nelson was the speaker o Attended the Orange County Forum luncheon on March 6; Andrew Puzder, CEO of CKE Restaurants Holdings, Inc. was the guest speaker a Attended the Visionary Leader's Summit at Anaheim Stadium on March 7 a Attended the Delta Sigma Theta 3`d Annual Impact Awards on March 8; Mayor Murray was one of eight honorees City Council and Successor Agency March 18, 2014 Minutes Page 7 of 9 a Attended the Eagle Court of Honor for Austin McBride, Remy Zimmerman and Bailey Bezich in Troop 243 on March 9 o Attended the Tustin Chamber of Commerce breakfast on March 12 a Attended the Arbor Day celebration on March 12 • Attended three ad hoc meetings for the Transportation Corridor Agencies on March 12 o Attended the Transportation Corridor Agencies Board of Directors meeting on March 13 o Attended the Hope Intemational Executive Board meeting on March 14 o Attended a baseball game at California State University, Fullerton on March 16 o Attended the Leprechaun Leap on March 16 a Participated in Principal of the Day at Tustin High School MAYOR MURRAY o Honored to deliver the invocation and opening remarks at the California Building Officials annual business meeting in Anaheim on March 5 o Attended the Visionary Leaders Summit at Anaheim Stadium on March 7; facilitated by Supervisor Todd Spitzer o Attended the 15th annual Holocaust Art and Writing Contest ceremony at Chapman University; daughter Lily was a nominee for the writing contest and was invited to attend o Attended the Tustin Police Department awards on March 7; congratulated Chief Celano and the Police Department o Honored to receive the "Political Awareness" award at the Delta Sigma Theta 3rd Annual Impact Awards on March 8; thanked colleagues and city staff a Attended the Eagle Court of Honor for Austin McBride, Remy Zimmerman and Bailey Bezich in Troop 243 on March 9 o Attended the Orange County Transportation Authority Board of Directors meeting on March 10 a Attended the Tustin Chamber of Commerce breakfast on March 12; congratulated Officer Natalie Nguyen • Attended the Arbor Day celebration on March 12; complimented Doug Stack and the Public Works Department o Attended the Orange County Fire Authority Budget and Finance meeting on March 12 • Attended the Association of California Cities of Orange County business meeting on March 13; was elected as 1St Vice President and Frank Ury is the new President a Attended a special meeting of the Orange County Fire Authority o Provided the opening remarks at the Leprechaun Leap on March 16; congratulated Matt West and staff o Visited Fire Station No. 37 on the first day of operation on March 17. Announced the dedication ceremony will be held on Thursday, March 27 a Attended a LOSSAN Rail Corridor meeting, a subcommittee of the Orange County Transportation Authority; guest speaker discussed the proposed high City Council and Successor Agency March 18, 2014 Minutes Page 8 of 9 speed rail o Participated in Principal for a Day at Ladera Elementary with Principal Dr. Derek Pinto o Announced Superintendent Dr. Greg Franklin has been selected as Superintendent of the year in Orange County and has also been nominated for State Superintendent of the Year; Beckman High School Principal Adele Heuer has been selected as Principal of the Year o Announced the Orange County Transportation Authority Long Range Transportation Planning meeting will be held in the Tustin Community Center on March 19 CLOSED SESSION UPDATE — City Attomey David Kendig — Council will discuss Item No. 4 RECESSED TO CLOSED SESSION - 8.19 p.m. RECONVENED IN OPEN SESSION —9:48 p.m. CLOSED SESSION REPORT— City Attorney David Kendig — No reportable action ADJOURNED at 9:49 p.m. The next meeting is scheduled for Tuesday, April 1, 2014 for the Closed Session Meeting at 5:30 p.m. and the Regular Business Meeting at 7:00 p.m. in the Council Chamber, 300 Centennial Way, Tustin, California. City Council and Successor Agency March 18, 2014 Minutes Page 9 of 9